Key Insight: bad faith
Nature of Case: Breach of Contract, Trade Secrets
Electronic Data Involved: Spoliation
Keywords: RegDelNull, Eraser, CCleaner, bad faith, breach
Key Insight: objections to requests for production, overly broad requests, overly broad objections, merit-less objections
Nature of Case: Hospital Fraud, laboratory tests billing scheme, insurance fraud
Electronic Data Involved: Billing data, invoices, financial records
Keywords: fifth amendment, overly broad, unduly burdensome, preservation efforts, retention notice, objection specificity
Key Insight: It is common practice to prohibit redactions for relevance for the protection of non-parties when there is a stipulated protective order to designate sensitive documents as “Highly Confidential – Attorneys’ Eyes Only.”
Nature of Case: patent infringement
Electronic Data Involved: documents with relevance redactions applied by a third party
Keywords: third party redaction, protective order, relevance
Key Insight: whether social media photos or videos where the party is tagged can be discoverable with limitations
Nature of Case: Personal injury
Electronic Data Involved: social media photographs, social media private access
Keywords: tagged, social media access, alleged restriction or disability, photo, basketball, car accident
Key Insight: The expert’s theory was not sufficiently reliable, so it was excluded
Nature of Case: Products liability, medical
Electronic Data Involved: Expert testimony
Keywords: Causation, expert testimony
Key Insight: Social media is discoverable if limited, relevant, and proportional
Nature of Case: Employment discrimination
Electronic Data Involved: electronically stored information, social media
Keywords: Social media
Key Insight: P subpoenaed for documents from a third-party after failing to receive the same information from defendant
Nature of Case: employment dispute
Electronic Data Involved: contracts/agreements, subcontractor agreements, financial information, e-mail
Keywords: subcontractor, independent contractor, technician, subpoena, third-party, undue burden on a person subject to subpoena
Key Insight: Sanctions and shifted burden of proof imposed for failure to produce with intent to deprive.
Nature of Case: Discovery abuse sanctions
Keywords: spoliation, intent to deprive, sanctions, burden of proof shift, bad faith
Key Insight: whether the defendant acted with the intent to deprive plaintiff of the information’s use in the litigation
Nature of Case: personal injury
Electronic Data Involved: videotape
Keywords: videotape, garage door
Key Insight: denied as overbroad but ordered to produce responsive text messages
Nature of Case: workplace discrimination
Electronic Data Involved: cell phone data and text messages
Keywords: cant request all call info with coworkers, only relevant documents
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